Dangerous Conditions

Commercial properties throughout the Commonwealth may have varying degrees of potential hazards.

Massachusetts law recognizes the duty of commercial property owners (and, in some cases, tenants) to address known or reasonably foreseeable dangers in order to limit the chances one of their patrons may suffer serious or fatal injuries.

At the Law Offices of Jeffrey S. Glassman, our Boston premises liability attorneys understand well the responsibilities property owners assume. For us, these cases are first and foremost about obtaining just compensation for our clients. But beyond that, we aim to hold negligent property owners accountable as a way of discouraging these kinds of perilous oversights from being made again in the future – either by this same landlord or by another similarly situated.

In Massachusetts, the property owner or person controlling the property is responsible for ensuring that it’s safe for lawful visitors.

Some of the dangerous conditions historically noted on commercial properties in Boston include:

Uneven walkways

Poor lighting

Falling merchandise

Defective playground equipment

Slippery floors

Icy walkways or parking lots

Snow-covered walkways or parking lots

Broken locks and gates

Fire hazards (or non-working fire and smoke detectors)

Lack of necessary security

Building code violations

Hazardous commercial displays

Unprotected swimming pools

Flooding from water leaks or spills

Unmarked or broken stairs

Deck or balcony defects

Defective elevator

Defective escalator

Railing defects

Animal attacks

Power failures

These are just a few examples of common risks faced by customers and guests. They may lead to a slip-and-fall or trip-and-fall. They could result in being struck by an object or getting caught in machinery. Some might even result in a third-party violent attack, such as a robbery or sexual assault.

In most premises liability cases, the property owner is the personal responsible for any injuries resulting from negligent maintenance, dangerous conditions or other hazards. However, the majority of commercial properties are leased to commercial tenants. In these cases, liability will depend on who had control over the property. In cases where both landlord and tenant controlled aspects of the property, both may potentially be found liable.

Proving Liability

When a person is hurt on a business property, one must prove the basic standard of negligence, which is:

Property owner owed a duty of care

That duty of care was breached

Injuries were proximately caused by that breach

Those injuries were compensable

But there are some additional hurdles in premises liability cases that are not necessarily present in other types of claims.

For example, in establishing duty of care, one must prove first that he or she was lawfully on the property. In cases where someone is on site for purposes of commerce, he or she is considered an invitee. In those situations, the business owes the highest degree of care. However, if the person injured was trespassing on the site, the business owes only a minimal duty of care. Rather than ensuring the property is in a reasonably safe condition, owners owe trespassers only the duty not to commit gross negligence or inflict intentional harm.

Further, in proving the duty of care was breached, plaintiffs have to show the business had actual or constructive knowledge of the danger. That is:

The owner created the dangerous condition

The owner had actual knowledge of the condition

The owner should have had knowledge of the condition because it was foreseeable

Property owners may seek to overcome assertions of negligence alleging no actual or constructive knowledge or that the danger was open and obvious, and therefore patrons had a duty to take reasonable steps to protect themselves from it.

Other defenses may be applicable, depending on the underlying circumstances, but these are some of the most common.

Building Code Standards

The Massachusetts Building Code lays the foundation of minimum safety and construction standards by which commercial property owners must abide. These include things like:

Safe means of egress

Faire and smoke protective features

Accessibility

Structural design and inspection

Electrical safety systems

Plumbing standards

Elevator and conveying requirements

Mechanical systems

Special regulations

A violation of these standards is not in and of itself absolute proof of negligence. However, it may be used as evidence to prove negligence.

Contact the Law Offices of Jeffrey S. Glassman today for a free and confidential consultation.

Choosing Jeffrey Glassman law firm was the best decision I could ever have made. They treated me with complete respect and made me feel protected. Kate Y, Google User

★★★★★

I am so happy that I decided to sign on with the Law office of Jeffrey Glassman. This law firm met all my expectations and more, I would highly recommend them. Anne Nadeau, Google User

★★★★★

I am very happy with the services they provide. Although I hate that I have been in pain since the accident I am very grateful I had someone working hard on my side. With so many firms in the area, it's hard to know which one to choose; this is a firm that will definitely put 110% into your case! Julie Tran, Google User

★★★★★

Jeffrey Glassman and his associates were great. They were with me from the beginning to the end and kept me informed throughout the process. I would recommend this law firm. Ann S, Yelp User

★★★★★

I used the Law Offices of Jeffrey S. Glassman for a painful and frustrating worker's comp case and had an absolutely fantastic experience. They were attentive, professional, knowledgeable, transparent, and genuinely caring. I can't recommend them highly enough. Anna K, Yelp User

Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

We serve the following localities: Bristol County including Fall River; Suffolk County including Boston, Jamaica Plain, and Revere; Middlesex County including Cambridge, Framingham, Lowell, Malden, Newton, Somerville, and Waltham; Norfolk County including Brookline, Quincy, and Weymouth; Essex County including Haverhill, Lawrence, Lynn, and Salem; Worcester County including Fitchburg, Leominster, and Worcester; and Plymouth County including Brockton and Plymouth.